Most motions require a filing fee. This section which is used for recusal purposes must include all lawyers who have served as trial counsel in the case. Hyperlinks from the table of contents, index of authorities, or otherwise may be helpful to the court but are not required.
The statement of the case should be approximately half a page or less, should be limited to a very basic recitation of the type of case without discussing any of the facts of the case and procedural history, and should be supported by record references.
See Dallas County v. Crestview Corners Car Wash, S. The statement of facts should present the facts of the case which are pertinent to the argument being presented in the brief, should not itself include any argument, and should be supported by record references. The argument must be supported by record references and citations to legal authority.
The argument must not be conclusory but rather must include substantive legal analysis. See Gonzalez v. VATR Constr. LLC, S. The citations to legal authority should be in Bluebook and Greenbook form, including pertinent writ history or petition history. The appendix may include other legal authority or appellate record excerpts when appropriate for advocacy purposes.
For the appellate court to consider a document as to the factual or procedural history of the case, that document must be contained in the appellate record. For an appendix that includes more than one item, the appendix must contain bookmarks.
Electronic bookmarks are preferred as opposed to separator-page bookmarks. The appendix like the rest of the brief must be text-searchable. Downloading appendix items e. When filing, the appendix should be included in the same PDF as the appellate brief. Hyperlinks from the body of the brief to the appendix may be helpful. Request for Findings of Fact and Conclusions of Law — The Texas Rules of Civil Procedure provide that the deadline to file a request for findings of fact and conclusions of law is twenty days after the trial court signs its judgment.
See TRCP The deadline for a trial court judge to file findings and conclusions is twenty days after a party requested them. If the trial court judge misses this deadline which is not uncommon , the requesting party must file a notice of past-due findings and conclusions.
The deadline for doing so is thirty days after filing the original request. After the judge files findings and conclusions, a party may want to file a request for additional or amended findings or conclusions. The deadline for doing so is ten days after the judge files the original findings and conclusions.
Pursuant to the Texas Rules of Appellate Procedure, when an appeal from an interlocutory order is permitted, the trial court is not required to file findings and conclusions. See TRAP Post-Judgment Motions — If a party wishes to file a motion for new trial or a motion to modify, correct, or reform the judgment, the deadline to do so is thirty days after the trial court signed the judgment.
See TRCP b a. If the trial court judge has not signed an order on a motion for new trial or a motion to modify, correct, or reform the judgment by the 75th day after the judgment was signed, the motion is overruled by operation of law at that time. See TRCP b c. See TRCP b e. So, if a party files a timely motion for new trial, and that motion for new trial is overruled by operation of law 75 days after the judgment was signed, the trial court judge could nevertheless grant a motion for new trial as long as the judge does so by days after the judgment was signed.
See TRCP b c, e. This is true even if a notice of appeal has already been filed. Notice of Appeal — As a general rule, the deadline to file a notice of appeal is 30 days after the judgment was signed. However, if there was a deadline-extending document e. For an accelerated appeal, the deadline to file a notice of appeal is twenty days after the judgment or order was signed, and this deadline is not extended by filing any sort of deadline-extending document.
Note that when an appeal is permitted from an interlocutory order, that appeal is accelerated. For a restricted appeal, the deadline to file a notice of appeal is always six months after the judgment was signed.
For any notice of appeal including accelerated appeals and restricted appeals , if one party files a timely notice of appeal, the deadline for other parties to file a notice of appeal is the later of 1 the time periods stated above or 2 fourteen days after the first-filed notice of appeal. If a party wishes to have the deadline extended to file a notice of appeal, that party has a deadline of fifteen days after the notice of appeal was due to file 1 the notice of appeal and 2 a motion to extend the deadline for filing the notice of appeal.
A notice of appeal should be filed with the trial court clerk, and a copy of the notice of appeal should be filed with the clerk of the court of appeals. If an appellant files a notice of appeal without contemporaneously filing a docketing statement, the court of appeals will set a deadline for filing of the docketing statement. This deadline is usually ten days after the notice of appeal was filed.
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